228 THE AGE OF CONSENT COMMITTEE REPORT

17. That the offence be non-compoundable, if the girl is under 12 years of
age, and compoundable with the permission of the court, if she is between 12

and 15* ...

18. That it be made punishable with ( a ) imprisonment of either description
for to years and fine when the wife is under 12 years of age and ($) imprisonment
of either description which may extend to one year or with fine or both, \vhen the
wife is between 12 and 15 years of age.

19. That by the addition of a suitable sub-section to section 562, Criminal
Procedure Code, it be provided that in the case of Marital Misbehaviour the bond
may, in addition to the present provisions, also provide for the custody, separate
living and maintenance of girls and for such other conditions as the court may
deem necessary to ensure the prevention of a repetition of the offence, the bond
being executed either by the offender, or by his parent or guardian if the husband
is a minor.

20. That where the accused is sentenced to fine or imprisonment in cases of
of the Marital Misbehaviour, a new provision be made for bonds with or without
sureties, being taken from the husband, or if he is a minor, from the parent or
guardian for separate living, custody and maintenance of the girl-wife till she
completes the statutory age of Consent, and that the court be empowered to rescind
or vary the order or the terms thereof as may be necessary, from time to time.

21. That the provisions of sections 122, I26-A and 4o6-A of the Code of
Criminal Procedure be extended, so as to make them applicable, as far as may be,
to sureties in cases of Marital Misbehaviour referred to in 20 above.

22. That the punishment prescribed for breach of the Law of Marriage
referred to in para 6 be imprisonment or fine or both, and not a bare fine.

23. That the court trying a case of contravention of the Marriage Law be
empowered on conviction, to require the offender to furnish a bond, with or
without sureties, for separate living, custody and maintenance of the girl and for
preventing the husband from consummating the marriage before she completes the
statutory age of Consent

24. That the provisions of Sections 122, 126, i:6-A and <fo6-A of the Code of
Criminal Procedure be extended, so as to make them applicable, as far as may be,
to sureties in cases of breach of the Marriage Law,

35* That where girls under the prescribed age are made over to the custody of
OLUJ individual or institution, under the foregoing recommendations, the court be
empowered to receive and examine periodical reports from the party concerned as
to progress, good behaviour and other particulars essential to enforce a compliance
of the law and the conditions of the bond, and to pass orders from time to time
rcsctridirig or varying the order or the terms thereof.

26. That suitable aid and encouragement be afforded to the establishment of
institutions giving protection to girls dealt with under the foregoing recom-

avtvt t * VJM &•,

37. That la ^the case of rape, the punishment be transportation for life or
r™rn«ottmemt of either description for 10 years and fine, provided, where the girl
h above 16 years and below 18 years of age and is proved to be a consenting party,
the fmmisteent may be extended to imprisonment of either description for 2 years
and fine.

3& That women Police be employed, where available, to aid in the investigation
ol sexnai offences, in taking statements of girls or women witnesses in cases of
Marital Misbehaviour, rape and the like, and in protecting or accompanying the
-H» of women witnesses where necessary, when going to or from the court house
for meslkal examination ; and that where women Police are not available, any
^edal>ie aa<t disinterested women of the locality or neighbourhood be invited to
—* ~" while the statement of the girl concerned or of any female witness is
b? tfee Police.

willing to serve as jurors and assessors be empannelled in
*f cases of ra|*e or of Marital Misbehaviour.
Tte wftrnctiQB be issued to trying judges and magistrates that in cases